STATE OF HIMACHAL PRADESH Vs. MAHABIR SINGH

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Presiding Officer, Fast Track Court, Mandi, District Mandi, in Sessions Trial No. 36/2010, dated 23.08.2011, vide which, learned Trial Court acquitted the present respondent (hereinafter referred to as 'accused') for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act (in short 'NDPS Act').

(2.) The case of the prosecution in brief was that a police party on patrol headed by ASI Satpal, on 06.03.2010, while returning from Hanogi to Aut, in official vehicle bearing registration No. HP-33B-1378 noticed accused carrying a bag in his hand who was going on foot near Jhalogi, at around 6:40 p.m. on National Highway No. 21. Further as per the prosecution, when the accused saw the police vehicle, he started moving towards 'khud' side in fast speed, which made the police suspicious and accused was accordingly apprehended by the police party. He disclosed his name as Mahabir Singh. As the place where the accused was apprehended was a secluded place, no independent witness could be associated. It is further the case of the prosecution that in these circumstances, HC Hari Singh and HHC Roop Singh were associated as witnesses and after accused was apprised of his legal rights, he was searched by the police party with the consent of accused. Nothing incriminating was found from inside the bag being carried out by the accused, however, personal search of the accused conducted by ASI Satpal revealed that accused had concealed black coloured material in the shape of sticks in the 'langot' which was found to be cannabis weighing 1 kilogram 100 grams. Thereafter, the police party carried out all the formalities at the spot and the case property alongwith NCB form in triplicate was taken into possession by the police party. Rukka was sent to the police station through HHC Roop Singh, on the basis of which FIR No. 28, dated 06.03.2010 was registered at Police Station Aut. The accused was arrested. Seized property alongwith accused was brought to the police station and the case property was got deposited with the MHC. Thereafter, the case property was sent to Forensic Science Laboratory and the chemical examination of the case property opined the same to be cannabis vide report Ext. PW7/F. After the completion of investigation, challan was filed in the Court and as a primafacie case was found against the accused, accordingly, he was charged for commission of offence punishable under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.

(3.) Learned trial Court vide its judgment dated 23rd August, 2011, acquitted the accused on the ground that the prosecution had failed to establish the guilt of the accused for commission of offence with which he was charged. It was further held by the learned trial Court that there was noncompliance of Section 50 of the NDPS Act also. Learned trial Court also took note of the fact that though the accused was apprehended on a national highway on which several vehicles keep on passing despite this no independent witness was associated in the investigation by the Investigating Officer and it had come in the statement of PW2 during his cross examination that they did not felt any necessity to join any independent witness. It was further held by learned trial Court that the seal impressions 'R' and 'T' were not found to have been sent to the Forensic Science Laboratory alongwith the case property and that being so, it could not be said that the prosecution had proved that the seals of the case property were in fact the same which were put on the parcels containing the case property by the Investigating Officer on the spot and the SHO in the Police Station. On these grounds, learned trial Court acquitted the accused for commission of offence punishable under Section 20 of the NDPS Act.